Offences against administration of justice

Belize

Belize - Criminal Code 2000 (2020) EN

240.- Every person who uses any violence with intent to deter any person from acting in any manner as a judge, magistrate, juror, witness, counsel, agent, prosecutor or party, in any legal proceeding or inquiry, or from acting in execution of his duty as a magistrate or peace officer, or in any judicial or official capacity, or from having recourse to any court or public officer, or on account of his having so acted or had recourse, is guilty of a misdemeanour, and shall be liable to imprisonment for two years.

TITLE XV
Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

249.- Every person who commits perjury or abets perjury shall be liable to imprisonment for ten years.

250.- Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for a crime punishable with death, shall be liable to imprisonment for life.

251.- Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for any crime not capital, shall be liable to imprisonment for fourteen years or for any greater term to which such person would, on conviction of that crime, be liable.

252.- If any person knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular, and the statement is made–

(a) in a statutory declaration;
(b) in an abstract, account, application, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return or other document which he is authorised or required to make, attest, verify or keep or cause to be kept by, under or in pursuance of any Act or other law for the time being in force; or
(c) in any oral declaration or oral answer which he is required to make by, under or in pursuance of any Act or other law for the time being in force,

he shall be guilty of a misdemeanour and be liable on conviction thereof to imprisonment for any term not exceeding two years, or to a fine not exceeding five hundred dollars, or to both such fine and term of imprisonment.


253.- Every person who commits perjury or abets perjury, in furtherance of any purpose or conspiracy to defraud by personation, shall be liable to imprisonment for life.


254.- Every person who fabricates false evidence, with intent to defeat, obstruct or pervert, the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.

255.- (1) Every person who, having given evidence on oath at a preliminary inquiry–

(a) wilfully gives at the trial evidence which contradicts the evidence given by him upon the same subject-matter at the preliminary inquiry; or
(b) wilfully varies or alters at the trial the evidence given by him upon the same subject-matter at the preliminary inquiry,

with intent unlawfully to shield or injure any person, or to deceive the court or to defeat, obstruct or pervert the course of justice, shall be guilty of a misdemeanour punishable either on indictment or summarily,

provided that the punishment on summary conviction shall not exceed imprisonment for six months.

(2) Upon the trial of any person for a crime under this section, it shall not be necessary to prove the falsity of the evidence given either at the preliminary inquiry or at the trial.

(3) No complaint or information for a crime under this section shall be laid without the consent in writing of the Director of Public Prosecutions.


256.- Every person who intentionally and unlawfully falsifies, destroys, injures, removes or conceals, any public register of marriages, births, baptisms, deaths or burials, or any other public register or record, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person shall be liable to imprisonment for seven years.


257.- Every person who intentionally and unlawfully destroys, injures, removes or conceals, any will, or any document of title to land, with intent to defeat, obstruct or pervert the course of justice or to defraud or injure any person, shall be liable to imprisonment for life.


258.- Every person who unlawfully, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, removes, conceals, injures or alters, any instrument or document used or intended to be used in any judicial proceeding, shall be liable to imprisonment for two years.

259.- Every person who acknowledges or consents to any judgment or confession or cause of action, or any deed to be enrolled, or any recognisance or bail (whether the same be filed or not), in the name of any other person without his consent is guilty of a felony.


260.- Every person who with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, endeavours to deceive any court or judicial officer by personation, or by any false instrument, document, seal or signature, shall be liable to imprisonment for two years.


261.- Every person who fraudulently brings any action against another person in a false or fictitious name, having no ground for such action, is guilty of a misdemeanour.


262.- Every person who in any manner wilfully causes any person to disobey any summons, subpoena or order, for his attendance as a witness in any proceeding, or for the production by him of any written or other evidence in any judicial proceeding, is guilty of a misdemeanour.


262A.-(1) Every person who being an accused either by himself or someone acting on his behalf, provides or attempts to provide an inducement whether financial or otherwise, to a complainant or a person acting on his behalf in order to encourage the complainant or a person acting on his behalf to abandon criminal proceedings or retract criminal charges against the accused, commits an offence and is liable on summary conviction to a term of imprisonment of two years or on conviction on indictment to a term of imprisonment of ten years.

(2) Every person who being a complainant or anyone acting on behalf of the complainant, accepts an inducement from anyone in order to abandon criminal proceedings or criminal charges as described in sub-section (1), commits an offence and is liable on summary conviction to a term of imprisonment for two years or on conviction on indictment to a term of imprisonment of ten years.


263.- (1) Any person who does any act tending to pervert the course of justice, intending that the course of justice should thereby by perverted, commits an offence and is liable on summary conviction to imprisonment for five years or on conviction on indictment to imprisonment for a term of ten years.

(2) It shall be within the discretion of the Director of Public Prosecutions to determine whether this offence is tried summarily or on indictment.


264.- Every person who without reasonable excuse makes default in obeying any warrant, summons, process or order, lawfully issued or made for requiring his attendance as a witness at any judicial proceeding, or the production or giving of any evidence or thing at any judicial proceeding, is guilty of a misdemeanour punishable either on indictment or summarily,

provided that the punishment on summary conviction shall not exceed three months’ imprisonment.


265.- Every person who with intent to prevent, obstruct or delay the taking of any inquest upon the body or touching the death of any person, or to defeat the ends of justice, buries or in any manner conceals or disposes of such body, shall be liable to imprisonment for two years.


266.- Every person who being under a duty as a magistrate, coroner, gaoler, overseer, peace officer or in any other capacity, to give notice or take any measure in order to the holding of any inquest upon the body or touching the death of any person, wilfully or negligently fails to perform such duty, shall be liable to imprisonment for two years.


267.- Every person who with force, threats or tumult, hinders, interrupts or disturbs the proceedings of any court, or wilfully and unlawfully with force, threats or tumult, hinders any person from entering or quitting any court, or removes him therefrom, or detains him therein, shall be liable to imprisonment for two years.


268.- Every person who, pending any proceedings in any court, publishes in writing or otherwise anything concerning such proceedings or any party thereto, with intent to excite any popular prejudice for or against any party to such proceedings, is guilty of a misdemeanour.


269.- Every person who being bound by law to obey any order, warrant, summons or process made or issued by any court or magistrate, wilfully neglects without reasonable excuse to obey the same in any material particular shall, without prejudice to any other punishment or penalty provided by law, be liable on summary conviction to imprisonment for three months.


2. Rescue, Escape and Compounding of Crime

270.-(1) Every person who endeavours to resist or prevent the execution of the law–

(a) by resisting the lawful arrest of himself or of any other person for crime;
(b) by escaping or permitting himself to be rescued, from lawful custody for crime; or
(c) by rescuing any other person or aiding any other person to escape from lawful custody for crime,

shall be liable to–

(i) if the crime is punishable with death or with imprisonment for more than seven years, imprisonment for seven years;
(ii) if the crime is punishable with imprisonment for not more than seven years, imprisonment for five years;
(iii) if the crime is a misdemeanour, imprisonment for one year.

(2) Notwithstanding any law to the contrary, an offence under this section may, at the discretion of the Director of Public Prosecutions, be tried summarily, and any person so convicted shall be liable to the punishment specified in sub-section (1).


271.- Every person who endeavours to resist or prevent the execution of the law–

(a) by resisting the lawful arrest of himself or of any other person for any cause other than crime; or
(b) by escaping or permitting himself to be rescued from lawful custody for any cause other than crime; or
(c) by rescuing any other person from lawful custody for any cause other than crime; or
(d) by rescuing any goods or things from any public officer or peace officer having the possession, custody, or care thereof under or by virtue of any lawful warrant or process,

is guilty of a misdemeanour punishable summarily or on indictment,

provided that the punishment on summary conviction shall not exceed six months’ imprisonment.


272.- Every person who endeavours by force to prevent the execution of a person sentenced to death for murder shall be liable to imprisonment for life.


273.- Every person who being lawfully commanded by any magistrate, public officer, peace officer or person, to give aid for the prevention of crime, or for arresting any person, or for preventing the rescue or escape of any person refuses or neglects to give such aid according to his ability, is guilty of a misdemeanour.


274.– (1) Every person who, knowing or having reason to believe that any person has committed or has been convicted of a crime, aids, conceals or harbours such person with the purpose of enabling him to avoid lawful arrest or the execution of his sentence, shall–

(a) if the crime is punishable with death or with imprisonment for fourteen years or upwards, be liable to imprisonment for five years; or
(b) if the crime is a felony other than as aforesaid, be liable to imprisonment for two years; or
(c) if the crime is a misdemeanour, be liable to imprisonment for six months.

(2) An offence under this section is punishable either on indictment or summarily,

provided that the punishment on summary conviction shall not exceed imprisonment for six months.


275.-(1) Every person who without the leave of a court compounds any crime shall–

(a) if the crime is a felony, be liable to imprisonment for two years; or
(b) if the crime is a misdemeanour, be liable to imprisonment for six months.

(2) This section shall not apply to any misdemeanour punishable only on summary conviction.


276.- Every person who accepts or agrees or offers to accept reward under pretence or on account of restoring to any person, or of helping any person to recover, anything which has been appropriated by any crime punishable under Title XI, upon the terms or with the understanding that such crime shall be compounded, shall, if the crime be punishable on summary conviction, be liable on summary conviction to imprisonment for three months, or shall in any other case be liable to imprisonment for six months.


Definitions and Special Provisions Relating to the Matter of this Title

277.- (1) A person is guilty of perjury if in any written or oral statement made or verified by him upon oath before any court or public officer, he states anything which he knows to be false, or which he has no reason to believe to be true, with intent to defeat, pervert or obstruct the course of justice or the execution of the law, or with intent to defraud or injure any person.

(2) “Oath” includes any form of declaration or affirmation permitted or prescribed by law to be taken as or in lieu of an oath.

(3) A written or oral statement made or verified by a person upon oath before a commissioner or commissioners, a referee, arbitrator or umpire or officer of the court appointed by the court under, or acting pursuant to, any Act or other law shall be deemed to be made or verified before the court or a public officer within the meaning of sub-section (1).


278.- A person can be guilty of perjury by swearing that he believes a thing which he does not in fact believe.


279.- A person fabricates false evidence if he causes any circumstances to exist, or makes any false entry in any book, account or record, or makes any document containing a false statement, or forges any document, with intent to mislead any public officer, judge or juror, acting in any judicial proceeding.


280.- A person compounds a crime if he offers or agrees to forebear from prosecuting or giving evidence against a person on a criminal charge in consideration of money, or of any advantage whatever to himself or to any other person.

289.- Every person who corrupts or attempts to corrupt any person in respect of any duties as a public officer or juror shall be liable to imprisonment for two years.

Belize - Criminal Code 2000 EN

CRIMINAL CODE

PART I - General Provisions

TITLE XIV - Crimes Against the Public Peace

240. Every person who uses any violence with intent to deter any person from acting in any manner as a judge, magistrate, juror, witness, counsel, agent, prosecutor or party, in any legal proceeding or inquiry, or from acting in execution of his duty as a magistrate or peace officer, or in any judicial or official capacity, or from having recourse to any court or public officer, or on account of his having so acted or had recourse, is guilty of a misdemeanour, and shall be liable to imprisonment for two years.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

250. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for a crime punishable with death, shall be liable to imprisonment for life.

251. Every person who commits perjury or abets perjury, with intent to cause the conviction of any person for any crime not capital, shall be liable to imprisonment for fourteen years or for any greater term to which such person would, on conviction of that crime, be liable.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

254. Every person who fabricates false evidence, with intent to defeat, obstruct or pervert, the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

258. Every person who unlawfully, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, removes, conceals, injures or alters, any instrument or document used or intended to be used in any judicial proceeding, shall be liable to imprisonment for two years.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

260. Every person who with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, endeavours to deceive any court or judicial officer by personation, or by any false instrument, document, seal or signature, shall be liable to imprisonment for two years.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

262. Every person who in any manner wilfully causes any person to disobey any summons, subpoena or order, for his attendance as a witness in any proceeding, or for the production by him of any written or other evidence in any judicial proceeding, is guilty of a misdemeanour.

CRIMINAL CODE

PART I - General Provisions

TITLE XV - Perjury and Obstruction of Public Justice

1. Perjury and Other Crimes Relating to Evidence and to Judicial Proceedings

263. Every person who with intent to defeat, obstruct or pervert the course of justice at the trial of any person for any crime, in any manner causes any person to refrain from giving evidence at such trial is guilty of a misdemeanour.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.